Dismissed

Abhishek Singh S/O Udainarayansingh v. State of Rajasthan

Rajasthan HC21 Jul 2023SOSA/277/2023

Case brief

AI extract

What is this about?

This order dismisses a second suspension of sentence application filed by a petitioner in a criminal appeal. The bench, considering the victim’s age, DNA report, and medical examination findings, declined to entertain the plea despite the length of custody and procedural objections raised by the petitioner.

What did the court decide?

The second suspension of sentence application stands dismissed.

Abhishek Singh S/O Udainarayansingh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Criminal Misc Second Suspension Of Sentence Application No. 277/2023

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D.B. Criminal Appeal No.150/2018

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Abhishek Singh S/o Udainarayansingh, Aged About 27 Years, R/o Katiyara, Police Station Dinara, District Rohtas (Sasram), Bihar, Presently Warden, Modern Defense Senior Secondary School, Luhakna Khurd, Police Station Virat Nagar, District Jaipur. [Presently Confined At Central Jail, Jaipur]

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Kapil Gupta, Adv. For Respondent(s) : Mr. Imran Khan, Deputy G.A.

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE BHUWAN GOYAL

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Order

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21/07/2023

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It is informed by learned Deputy Government Advocate that the victim be intimated about filing of the appeal as well as the second suspension of sentence application.

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A report in this regard is submitted by Deputy Government Advocate, the same is taken on record.

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No one has put in appearance on behalf of the victim.

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It is contended by learned counsel for the applicant that the applicant has remained in custody for a period of six years and nine months; disposal of appeal is bound to take time. It is also

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[SOSA-277/2023]

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(2 of 2)

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contended that sample was not sent to the FSL in time. It is further contended that no CCTV footage was recovered.

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Learned Deputy Government Advocate has opposed the second suspension of sentence application. It is contended that the victim is aged 8 years and the DNA is matching in the medical report also. It is also contended that he was subjected to unnatural offence.

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We have considered the contentions.

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Looking to the statement of the victim and her age, the DNA report and the medical examination, we are not inclined to entertain the second suspension of sentence application.

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Accordingly, the present second suspension of sentence application stands dismissed.

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Office is directed to prepare the paper book and the matter be listed for hearing as per its turn.

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(BHUWAN GOYAL),J

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(PANKAJ BHANDARI),J

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Keshav/5

Abhishek Singh S/O Udainarayansingh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Abhishek Singh S/O Udainarayansingh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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